It varies state to state as well, here in a smallish town with no police dept, just the county cops, they really chomp at the bit to put anyone in a cage when discretion clearly indicates no charge necessary. A very good recent example, a wheelchair-bound man in his mid-50's was snatched up on a dui charge and his car forfeited thereby. He contracted polio as a child and has been wheelchair bound since, says he can walk just a bit but I've never seen him out of the chair in public. He was in the habit of getting out of his subsidized apt about once a week and coming out to the local pubs in order to have some human companionship. He never purchases anything other than a soda, since he has little funds and the soda glass gets free refills. But many of us would offer him a shot on occasion and he would always accept with a gracious thank-you.
One evening he'd had about 3 or 4 shots under the belt and suspected he may have been slightly over the line, so he didn't drive home but rather sat back in his car and listened to some tunes for an hour or so, started it up after a bit because it was cold out and he wanted to run the heater for a bit. The car never moved fro its spot in the parking lot, and presumably after another hour or two he would have made the trip home. But a deputy rolled through the lot, saw the opportunity and got his dui arrest. His bac was only .10, and now his car is gone as well and if he feels the need to get out of the apt he has to roll in the chair to do so, regardless of inclement weather.
